Thormeyer v. Sisson

Citations

• 83 Ill. 188

Syllabus

<p>1. Attachment—the requirements of the statute must he observed to give jurisdiction. An attachment is a remedy given by statute, and it must appear, affirmatively, its provisions have been substantially conformed to, before the court can obtain jurisdiction, where there is no personal service or appearance.</p> <p>2. Same—notice must be mailed. The omission of the clerk to mail a copy of the notice of publication to the defendant in attachment, when he is a non-resident, and his residence is disclosed in the affidavit for the writ, is fatal to the jurisdiction of the court. In such case, if the defendant does not appear, the court will acquire no jurisdiction. The record must show that such notice was mailed.</p>